Department of Transportation November 20, 2024 – Federal Register Recent Federal Regulation Documents
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Federal Motor Vehicle Safety Standards; Pedestrian Head Protection, Global Technical Regulation No. 9; Incorporation by Reference
NHTSA received a request to extend the comment period for the September 19, 2024, Notice of Proposed Rulemaking (NPRM) proposing a new Federal Motor Vehicle Safety Standard (FMVSS) to ensure passenger vehicles are designed to mitigate the risk of serious to fatal injury in pedestrian crashes. The NPRM is based on Global Technical Regulation (GTR) No. 9 on pedestrian safety, with focused enhancements to address safety problems. The comment period for the NPRM was scheduled to end on November 18, 2024. NHTSA is extending the comment period for the NPRM by 30 days.
Public Notice of Airport Development Aid Program (ADAP) and Airport Improvement Program (AIP) Property Release Hillsboro Airport, Hillsboro, Oregon
Notice is being given that the FAA is considering a request from the Port of Portland, Oregon to waive the ADAP and AIP property requirements and dispose of approximately 15.7 acres of airport property located at Hillsboro Airport, in Hillsboro, Oregon.
Agency Information Collection Activities; Notice and Request for Comment; National Roadside Survey of Alcohol and Drug Prevalence of Road Users: 2025
The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection. Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval for a National Roadside Survey (NRS) of alcohol and other drug prevalence among drivers and other road users (ORUs; e.g., pedestrians, bicyclists, electric scooter riders, and those with mobility aids. NHTSA will conduct two studies. Study 1 will focus on drivers but include convenience sampling of ORUs passing by the driver data collection locations. Study 2 is a pilot test assessing the feasibility of an NRS specific to ORUs. Both will collect breath and oral fluid specimens, demographic information, and self-report questionnaire data on roads across the country. Participation will be voluntary and anonymous.
Special Conditions: Pratt and Whitney Canada Model PW220A Engine; 30-Minute All Engine Operating Power Rating
These special conditions are issued for the Pratt and Whitney Canada (P&WC) Model PW220A engine. This engine will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for aircraft engines. This design feature is a 30-minute all engine operating (AEO) power rating. This rating will be used for hovering at increased power for search and rescue missions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Groendyke Transport, Inc.
FMCSA announces its final decision to grant an exemption renewal requested by Groendyke Transport, Inc. (Groendyke) to allow the use of an amber brake-activated pulsating lamp on the rear of its trailers in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSR). FMCSA concludes that renewing the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption.
Enhanced Carrier Safety Measurement System (SMS)
FMCSA announces enhancements to the Safety Measurement System (SMS) used to identify motor carriers for safety interventions and addresses comments received in response to FMCSA's Federal Register notice titled, "Revised Carrier Safety Measurement System (SMS)." These enhancements build on the Agency's efforts to continually improve SMS, which it first implemented in 2010.
Transparency in Property Broker Transactions
FMCSA proposes amendments to its property broker rules in response to petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC). Under current regulations, the parties to a brokered freight transaction have a right to review the broker's record of the transaction, which stakeholders often refer to as "broker transparency." Contracts between brokers and motor carriers frequently contain waivers of this right. OOIDA requested that FMCSA promulgate a requirement that property brokers provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed, and explicitly prohibit brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records. SBTC requested that FMCSA prohibit brokers of property from coercing or requiring parties to brokers' transactions to waive their right to review the record of the transaction as a condition for doing business and prohibit the use of clause(s) exempting the broker from having to comply with this transparency requirement. Though the proposed rule is responsive to the petitions in reinforcing the broker transparency requirement, the proposed provisions differ from those requested by OOIDA and SBTC. The proposed rule would revise the regulatory text to make clear that brokers have a regulatory obligation to provide transaction records to the transacting parties on request. The proposal would also make changes to the format and content of the records.
Airworthiness Directives; Embraer S.A. Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This AD was prompted by reports of corrosion, damage, and rupture on the down lock spring assemblies of the main landing gear (MLG) and nose landing gear (NLG). This AD requires inspecting for affected MLG and NLG down lock springs and replacing affected down lock springs, and prohibits the installation of affected parts, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Notice of Intent To Rule on a Request To Release Surplus Property at the Melbourne Orlando International Airport, Melbourne, FL
Notice is being given that the FAA is considering a request from the City of Melbourne to release 99.575 (+/-) acres at the Melbourne Orlando International Airport, Melbourne, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the City of Melbourne, dated April 20, 1948. The release of property will allow the City of Melbourne to dispose of the property for non-aeronautical purposes.
Construction-Related Scheduling Relief Concerning Operations at Newark Liberty International Airport, Chicago O'Hare International Airport, Los Angeles International Airport, San Francisco International Airport, and Ronald Reagan Washington National Airport, March 1, 2025 Through June 15, 2025, and September 1, 2025, Through December 31, 2025
This notification announces a limited, conditional policy for prioritizing returned operations at Newark Liberty International Airport (EWR) due to a construction-related runway closure at EWR for purposes of establishing a carrier's operational baseline in the next corresponding scheduling seasons. A "returned operation" is any planned operation included in the initially approved schedules that a carrier moved or will not operate due to the effort to reach the targeted reduced schedule throughout the construction period at EWR. In addition, the FAA will provide similar limited, conditional relief at Chicago O'Hare International Airport (ORD), Los Angeles International Airport (LAX), and San Francisco International Airport (SFO) under the FAA's Level 2 schedule facilitation process as well as a limited, conditional waiver of minimum usage requirements at Ronald Reagan Washington National Airport (DCA), for impacted flights between EWR and the listed airports.
Pipeline Safety: Random Drug Testing Rate; Multi-Factor Authentication; and Operator and Contractor Management Information System Reporting
PHMSA has determined that the Minimum Annual Percentage Rate for Random Drug Testing for covered employees will be 50 percent during calendar year (CY) 2025. For CY 2024 reporting, Multi-Factor Authentication (MFA) login procedures must be used for submitting drug & alcohol (D&A) testing data into the Drug and Alcohol (D&A) Management Information System (DAMIS) database. This notice also explains how pipeline operators and contractors will obtain MFA login information.
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